| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 86 |
| Hearing date | 21-Mar-16 |
| Determination date | 15 June 2016 |
| Member | Peter van Keulen |
| Representation | D Goldwater ; G Ballara |
| Location | Christchurch |
| Parties | Winn v Spotless Facility Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by redundancy process – Applicant claimed unjustifiably dismissed by respondent - PENALTY- GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith and employment agreement (“EA”) – Boiler technician |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent made comprehensive investigation into concerns that informed decision to propose restructure. Genuine business reasons for redundancy. Respondent provided applicant with all information relevant to continuation of employment. Did not include information about cost saving review. Respondent not obliged to consult applicant about cost review. Respondent followed fair process. No unjustified disadvantage. Dismissal justified.;PENALTY- GOOD FAITH: No breach of good faith or EA. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(c);ERA s4(1A)(c) |
| Cases Cited | Fagotti v Acme Ltd [2015] NZEmpC 135;Grace Team Accounting Ltd v Brake [2014] NZCA 541, [2015] 2 NZLR 494;Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 (EmpC);PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Scarborough v Micron Securities Products Ltd [2015] NZEmpC 39 |
| Number of Pages | 18 |
| PDF File Link: | 2016_NZERA_Christchurch_86.pdf [pdf 282 KB] |